BOARD DATE:	  7 December 2010

		DOCKET NUMBER:  AR20100017138 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, correction of his records to add award of the Legion of Merit (LOM) and the Meritorious Service Medal (MSM) (First Oak Leaf Cluster (1OLC)). 

2.  The applicant states, in effect, the awards should be added based on documentation received from the National Personnel Records Center (NPRC).  

3.  The applicant provides a copy of a letter from the NPRC dated 28 January 2010 and a copy an award certificate for the LOM and two MSM certificates. 

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  A copy of the applicant’s WD AGO Form 24A (Service Record) shows he had prior enlisted service in the Ohio Army National Guard (OHARNG) during the period 21 November 1946 through 15 September 1947.  He was awarded military occupational specialty (MOS) 3666 (Medical Aidman).  He was ordered to active duty on 1 September 1950 and he served a combat tour in Korea during the period 11 January through 7 May 1952.  

3.  A copy of his DD Form 214 (Report of Separation from the Armed Forces of the United States) for the period ending 29 May 1952 shows he was honorably released from active duty (REFRAD) and he was reverted to the California ARNG (CAARNG) control.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows the Army of Occupation Medal with Japan Clasp, Korean Service Medal with one bronze service star, United Nations Service Medal, and the Combat Medical Badge.

4.  His record contains a copy of a National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service in the Army National Guard) which shows that he was honorably discharged from the CAARNG on 12 July 1953.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of this form shows the Army of Occupation Medal with Japan Clasp, Korean Service Medal with one bronze service star, United Nations Service Medal, Combat Medical Badge, and the Federal Service Ribbon.

5.  His record also contains a copy of a DA Form 66 (Officer Qualification Record), dated 16 January 1977 which shows he was appointed as a second lieutenant in the U.S. Army Reserve (USAR) on 8 December 1955.  He continued to serve in the USAR until his transfer to the USAR Control Group (Retired) on 18 May 1984 in the rank of colonel.  Item 21 (Awards and Decorations) of this form shows the following awards:

* Bronze Star Medal
* Army of Occupation Medal with Japan Clasp
* United Nations Service Medal
* National Defense Service Medal
* Korean Service Medal
* Armed Forces Reserve Medal
* Army Reserve Components Achievement Medal 
* Combat Medical Badge
* American Campaign Medal
* Army Good Conduct Medal

6.  The applicant provided a copy of an NPRC letter which shows, in pertinent part, the authorization for shipment of awards based on documentation received from the applicant.  Additional awards which were added to his current list of awards include the MSM (1OLC), Army Commendation Medal, Expert Marksmanship Qualification Badge with Rifle Bar, and an additional bronze service star to be affixed to his Korean Service Medal with one bronze service star.

7.  The applicant provided copies of three award certificates.  The awards were issued for the following periods of service:

* LOM - 1 June 1974 through 31 May 1984
* MSM - 1 August 1974 through 30 September 1977
* MSM (1OLC) - 1 October 1977 through 18 May 1984

8.  A copy of a letter from Retired Pay Operations, U.S. Army Finance and Accounting Center, dated 17 August 1988 shows the applicant retired on 
5 September 1988.

9.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents which are prepared for individuals upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for preparing and distributing the DD Form 214.  The
DD Form 214 is a summary of a Soldier's most recent period of continuous active duty.  It provides a clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.

10.  A DA Form 66 provides a record of individual personnel management qualifications such as grade, skills, physical limitations, and assignment history and is used primarily by personnel managers at unit level to support the Army’s personnel life-cycle function of sustainment.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s request to update his records to add the LOM and the MSM (1OLC) was carefully considered; however, it is not supported by the available evidence. 

2.  The applicant’s DD Form 214 and NGB Form 22 show that the ending periods for these documents are 29 May 1952 and 12 July 1953, respectively.  The
DD Form 214 is a summary of a Soldier’s record of service during the most recent period of continuous active duty.  The evidence shows all three awards in question were issued subsequent to the ending periods for both of these forms.  As a result, he is not entitled to correction of these forms.

3.  His military service records show that he retired on 5 September 1988.  As such, his DA Form 66 is no longer active or accessible; therefore, no further action is appropriate.

4.  In view of the foregoing, there is insufficient evidence to grant the applicant's requested relief. 

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___x_____  __x___  ___x_____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      __________x______________
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.


ABCMR Record of Proceedings (cont)                                         AR20100017138



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ABCMR Record of Proceedings (cont)                                         AR20100017138



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